This isn’t a case of freedom of speech, it’s a libel case. Bloggers are just as responsible as media outlets as far as not using their right to free expression maliciously. Assuming Tremblay’s interpretation of the original post is true (that Hand accuses him of fraud and links to the mafia), those are certainly things that someone could make a legitimate libel case out of.

Tremblay hasn’t been charged with any of the crimes he’s been associated with. His dispute with Loto-Quebec was settled out of court (the result is sealed), the paintings are still on display, and he hasn’t been accused of any direct links to Frank Martorana or other members of the mafia.

He’s not a rich mogul looking to shut down a blog. His injunction is very specific, and doesn’t even prevent Hand from discussing Tremblay, just from repeating the allegations.

Hand was clearly exacerbating the situation through other media until recently when his lawyer told him to clam up.

On the other hand, he doesn’t answer some of Chris Hand’s main criticisms:

Why hasn’t Tremblay attempted to contact Hand about all this, instead of issuing threatening lawyer’s letters every couple of weeks?

Why not have Hand simply correct the post, which he indicates he was perfectly willing to do, instead of bringing him to court?

Why is the Loto-Quebec press release, which Tremblay says is false, still available to the public? How are we supposed to know that the paintings weren’t fake (if that is indeed the case) if the settlement is secret?

Why is he suing for $25,000, and now trying to increase that to $60,000?

Why not simply try to settle the case out of court, since both sides are poor and the only people to win here are the lawyers?

Either way, unless these two can start talking to each other like humans, a judge is going to decide which story is more sympathetic. And lots of money and time is going to be wasted on both sides.

Chris Hand, the Zeke behind Zeke’s Gallery, spent most of today in the Palais de Justice with his lawyer and mother. At issue was an injunction which stops Hand from making specific statements about Pierre-Antoine Tremblay, an art dealer who is suing him for libel.

After hearing about an hour’s worth of arguments from both sides, the judge has ordered a renewal of the existing injunction against Hand, but without changes asked by the plaintiff (those seemed centred around preventing Hand from using other media to make statements against Mr. Tremblay). The injunction prohibits Chris Hand from saying that Pierre-Antoine Tremblay is associated with Frank Martorana and the mafia, or that he tried to sell fake paintings to Loto-Quebec. Both statements Tremblay’s lawyer says are entirly false.

The injunction lasts until Sept. 6, 2007, when further hearings will take place on this matter.

Among other things of note:

Tremblay wasn’t present in court.

Tremblay and his lawyer have increased their monetary demands. What was once $25,000 is now $60,000.

Hand was barely recognizable. His hippie haircut has been replaced with a professional-looking crewcut. He sat well-behaved in a suit (no tie) and didn’t bite the head off even one chicken throughout the proceedings.

The proceedings were held entirely in French, except for what was read from blog posts and newspaper articles.

Legal chit-chat between the lawyers and court reporter are always cute. They talk about the temperature of the drinking water in the courtroom, or what lawyer was at which firm when, or about the noise of construction on the floors above them.

Shout-outs to Montreal Tech Watch and Hou-Hou Blog whose posts were used in evidence by the plaintiff. No mention of my huge post, but my article did get quoted so I won’t complain.

Both lawyers were very effective at pleading their case. The plaintiff’s arguments boiled down to the fact that this is a very specific injunction (the facts of the libel case weren’t argued today), that Hand is using other media (Yahoo! Groups, other blogs, personal communication at YULblog meetings) to repeat the same allegedly libellous claims, and that Zeke’s Gallery is in competition with Tremblay’s Galerie 2000 (a claim Chris calls an exaggeration).

There are still three related cases pending. All have been postponed to Sept. 6:

The injunction preventing Hand from making these statements about Tremblay

A contempt of court charge for allegedly ignoring the previous injunction

The libel case itself

Tremblay’s lawyer said outright that the paintings sold to Loto-Quebec were not forged. This is the first complete denial of this charge I’ve heard. The out-of-court settlement between Tremblay and Loto-Quebec is secret, but I’d love to find out what the real story is behind it.

The Zeke’s Gallery blog remains effectively shut down. Hand isn’t sure if he’ll bring it back, even if he ends up winning the case.

The point is well taken. Chris Hand shouldn’t be immune from prosecution for libel just because he’s a blogger.

But this whole mess was caused by Tremblay himself, who instead of sending an email with his side of the story (a side he hasn’t expressed publically, in part because of a confidentiality agreement with the Loto-Quebec thing and in part because he’s just chosen not to) sent a lawyer’s letter to Hand. Then, when Hand complied with the letter, he sent another more threatening one making more demands.

Tremblay (as far as I know) didn’t sue Radio-Canada, Le Devoir or the other media who first made these claims about him (UPDATE: He sued La Presse, who made much more outlandish statements about him, and lost). And despite an agreement which Tremblay implies was in his favour (as the paintings are still on display), the original press release which accused Tremblay of fraud is still online.

Hand and Tremblay (or their lawyers) meet in front of a judge tomorrow. Let’s hope they can still resolve this amicably.